In recent years, well blow-out developments by electricians have led to a growing demand for couriers. However, in the course of long-distance shipments and transfers of goods, bumps were inevitable and there were cases of courier damage. If the sender had a pre-insured price, the matter of compensation would be easier to deal with; and what would be the standard for compensation if there was no premium? Mr. Shenzhen, a citizen of shenzhen, has experienced similar difficulties in recent days, and his mobile phone sent to shandong has been severely damaged during the transport process, and the price of compensation has not been agreed upon after several rounds of consultations with express. Finally, municipal consumer associations intervened and each side took a step back before agreeing on compensation criteria。
Case: $2900 for damage to unprivileged mobile phones and $1,900 for damage
Mr. Shen lives in shenzhen light zone and deals in second-hand electronics. On 7 march, he received an order on the saltfish platform for a second-hand oppo r17 pro mobile phone at a price of $2,900, which was bought in the city of penyi, shandong province. On receipt of the order, mr. Shen opted for the express delivery, which was not guaranteed at that time, but he watched the staff members pack as required. Upon delivery to shandong, he suddenly received a telephone call and his mobile phone was damaged. Mr. Shen saw through pictures sent by the buyer that his mobile phone had been bent into shape and that the screen had broken into pieces, causing serious damage. In the absence of a guaranteed price, mr. Shen negotiated the price of compensation with shun fung.” at first they said they'd pay $500, and i said at least $2,000, and they talked about it several times.” mr. Shen believed that $2,000 was already a concession price and could not be lower。
Several rounds of consultations were still inconclusive and mr. Shen called for help from consumer associations. When the journalists contacted mr. Shen on the afternoon of 12 march, he raised the price to $1,800 but failed to meet mr. Shen's request. “we each took a step back and the compensation was set at $1,900.” mr. Shen could not accept it。
Counsel: damage to uninsured delivery is compensable in real terms
When asked why the price was not guaranteed, mr. Shen responded that “under the contract act, regardless of the price of the guaranteed damage delivery is compensated according to the actual price of the goods and is therefore not insured”. However, mr. Shen also noted during the delivery that the terms of the contract stated: “if you have not chosen the price of the guarantee, you shall be compensated for the actual loss of the consignment within a sevenfold freight limit, as agreed by the parties. If, in your opinion, this compensation standard is insufficient to compensate for your loss, the equivalent value-added service shall be selected according to the actual value of the consignment”. Both sides are different. At the legal level, how should compensation be paid for the damage to the uninsured delivery
According to the analysis of li gang, a lawyer at the law firm of kantang city (shenzhen) in shanghai, the completion of the express delivery order by a citizen implies a written contract of carriage with the courier company. In the case of uninsured goods, the express delivery company does not always compensate on the basis of the market value of the items in a different manner. Specifically, in the case of the postage items of the china postal group corporation and its full-owned, holding enterprises that provide postal services, the amount of compensation is not more than three times the amount of the postage fee if the item is damaged without the insured price. However, the express delivery company is not a postal enterprise, and citizens who send goods to a company that is not a fully owned or held company and that provides postal services may claim compensation from the courier company for the actual value of the goods, in accordance with the relevant provisions of the contract law of the people's republic of china and the express temporary regulations, if the goods have been damaged without a guaranteed price. Once a citizen encounters a situation similar to that of mr. Shen, there are three ways to deal with it: by entering into a settlement with a courier company; by seeking help from local consumer associations; and by bringing a case to court。
It is to be noted that the carrier is not liable for damage if it can prove that the goods were damaged, that the loss was caused by force majeure, the nature of the goods themselves or by reasonable wear and tear, and that the shipper, the consignee, was at fault。
We're going to recommend that the public keep the price of the valuables
Since uninsured couriers can be compensated for damage, should citizens in practice be able to secure the price? Journalists are well informed, and a number of practitioners and legal practitioners have recommended that valuables be priced。
Lee just agreed. He indicated that, although the items were damaged in the absence of a guaranteed price and the sender could claim compensation from the express company for the actual value of the items, it would be necessary to bear the burden of proving the actual value of the items, which would be difficult to prove once the items had been lost during the mailing process. If this cannot be proved, the court may ultimately impose liability on the express delivery company on the basis of the agreement on the manifest.” therefore, we suggest that valuable items be properly declared and priced when mailed.” lee just said。
Shunfung's staff also said to the journalists: “recommend that the public (for valuables) be offered a premium”
